2013-33 edit oc cunt
685 2U.Montxooe St INSTRUMENT#2013038031
'
anima,g,C 34711 OR BK 4303 PG 549-557 (9 PGS)
UTILITY SERVICE AGREEMENT DATE 4/4/2013 7 56 13 AM
NEIL KELLY, CLERK OF THE CIRCUIT COURT
ea 4 FOR WATER LAKE COUNTY
RECORDING FEES$78 00
This document constitutes an agreement between the CITY of Clermont, hereby referred to as
CITY, a municipality of the State of Florida, and Grand Highway Baptist Church and any
successors or assigns, hereby referred to as OWNER.
WITNESSETH
Whereas, OWNER is requesting to amend their site plan for additional church sanctuary,
paved driveway and parking, and continued water service for a total of 2,916 sq. ft. which is
located at 14745 John's Lake Road (the "Property") described on Exhibit 'A', attached hereto
and by this reference made a part hereof, and
Whereas, the Property is located in the unincorporated area of Lake County and the OWNER
is requesting water service from the CITY; and
Whereas, as a condition of CITY providing said water service to the property, OWNER is to
extend water lines to serve the Property and lines and appurtenances must be sized and
constructed in accordance with the minimum requirements of CITY Land Development
Regulations and to meet the flow demands for the subdivision, and
Whereas, the CITY may, at the sole option of the CITY, elect to enlarge or oversize the water
lines and appurtenances in order to provide additional capacity to other properties, and
Whereas, as a condition of the provision of water service to the Property by the CITY, OWNER
agrees that this Agreement shall constitute an unconditional application to annex the Property
into the City of Clermont, if CITY chooses to do so; and
Whereas, OWNER and CITY are entering into this Agreement to set forth the terms and
conditions under which water service shall be extended and sized.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties do hereby agree as follows:
Section 1. OFF-SITE WATER — Each and all of the foregoing premises are incorporated into
and constitute a part of this Agreement
1.1 CITY shall provide water service for the Property.
1.2 OWNER shall connect to the existing City system at connection point or points approved
by CITY.
1.3 The route of any off site lines shall be according to engineering plans produced by
OWNER and approved by the CITY
1.4 The OWNER shall construct the facilities, lines and appurtenances necessary to serve
the development and provide such documentation necessary for the CITY to ascertain
that the lines shall meet the minimum line size requirements as specified by the CITY
Land Development Regulations
Page 1 —Grand Highway Church, Utility Service Agreement for Water
2
1.5 In the event the CITY chooses to oversize the lines or appurtenances, the CITY shall
provide to the OWNER the specifications regarding sizes to be included in the final
improvement plans.
1 6 The OWNER shall be responsible for the construction of all on site and off site lines and
appurtenances to serve the project. No building permits shall be issued until water are
provided to the site or until a.bond or letter of credit, acceptable to CITY, is in place to
guarantee completion of off-site improvements. No Certificate of Occupancy shall be
issued until water extensions have been completed and accepted by the CITY.
1.7 The OWNER shall be responsible for all costs of on site and off site improvements,
including but not limited to design, material, permitting and installation of sufficient size
lines, lift stations and other appurtenances necessary to allow the CITY to serve the
Property.
1.8 Irrigation shall be provided by private well rather than City potable water until such time
that reuse water is available.
1 9 The CITY shall be responsible for the difference in cost of materials to oversize the line
if the CITY chooses to oversize based on plans and cost estimates provided by OWNER
to CITY, and approved in advance by the CITY
1 10 The OWNER shall provide to the CITY a cost estimate for materials for the minimum
size lines and appurtenances and a cost estimate for materials for the approved
oversize. Cost estimate shall be contractors bid as certified by OWNER'S project
engineer. The CITY shall review and either approve or reject the costs.
1.11 The OWNER and CITY shall agree on the cost difference, which will be the
responsibility of the CITY, prior to commencement of construction
1.12 The OWNER shall be responsible for all costs including design, permitting, materials
and construction of the water and sewer lines and appurtenances, both on site and off
site, required to serve the Property, with reimbursement for the difference in costs as
determined in Section 1 10 and 1.11 from the CITY in the form of Impact Fee Credits.
1 13 The Impact Fee Credits shall be established subject to Sections 1.10 and 1.11 and at
the time of issuance of each building permit by applying the then current impact fee,
which shall be deducted from the Impact Fee Credit balance until credit is used.
1 16 Impact Fee Credits may not be transferred outside of the Property described on Exhibit
"A" but may be assignable to any heirs, assigns or successors in interest or title to part
or all of said Property.
1.17 The OWNER shall be responsible for all applicable fees including but not limited to
impact fees, connection fees and permitting fees.
1 18 The City may require a looped system to provide reliability and redundancy to the
property
1 19 Any fencing within public view, (including retention ponds), must be ornamental metal
with complementing structural columns, as approved by the City's Site Review
Committee No chain link shall be used in public view areas
Page 2—Grand Highway Church, Utility Service Agreement for Water
1.20 When necessary for other expansions, the OWNER must coordinate with Lake County
and the Metropolitan Planning Organization (MPO) for compliance with Transportation
Concurrency, and the Transportation Concurrency Management System (TCMS)
1.21 The development shall be in substantial compliance with the Dimension Plan shown in
Exhibit "C" Major changes as determined by the Clermont Site Review Committee may
require an amendment to this Agreement
1.22 This Agreement shall be voided after five (5) years if building permits have not been
issued and building construction has not started.
1.23 The Agreement shall be for commercial utility flow/demand for water at 2,500 gpd,
based on an annual average.
Section 2. DEVELOPMENT STANDARDS
The project shall be developed according to the JPA Land Development Regulations (Lake
County Ordinance No 2005-64) Items not addressed in the JPA Land Development
Regulations must be developed to City standards unless otherwise stipulated in this Agreement
or subsequent amendments to this Agreement.
Section 3. WAIVER REQUESTS FOR THE PROPERTY
OWNER will request the following waivers from requirements imposed in the City of Clermont
Code of Ordinances (the "Code") and CITY staff will support such requests
D No landscaping along the southern boundary Lake County Codes do not require
landscaping adjacent to ROW for this use
D Grass parking for all areas other than required paved handicap parking spaces. All
spaces are sized per City Code.
Section 4. ANNEXATION
OWNER agrees that CITY may annex the Property into the City of Clermont if CITY, in its sole
discretion, chooses to do so. In conjunction herewith, OWNER shall provide to CITY a Notice of
Encumbrance to Annex Property in a form substantially in compliance with the form set forth in
Exhibit "B", attached hereto and incorporated herein. The CITY shall record this Notice in the
public records of Lake County whereupon it is agreed it shall serve as an enforceable
encumbrance on the real property described in Exhibit "A". The Notice of Encumbrance shall
be executed by all owners of the real property described in Exhibit "A" and shall be
accompanied, at OWNER'S expense, by a current certificate of title or opinion letter acceptable
to CITY and issued by a licensed title company or attorney identifying all owners in interest of
the real property All land transfers by OWNER shall contain a deed restriction or covenant
noting the existence of this encumbrance to annex, such restriction to be recorded as a
covenant to run with the land.
Section 5. SEVERABILITY
In the event that any provision of this agreement shall be held invalid or unenforceable, the
provision shall be deleted from this agreement without affecting in any respect whatsoever the
validity of the remainder of this agreement.
Page 3—Grand Highway Church, Utility Service Agreement for Water
Section 6. NOTICES
All notices, demands, or other writings required to be given or made or sent in this Agreement,
or which may be given or made or sent, by either party to the other, shall be deemed to have
been fully given or made or sent when in writing and addressed as follows:
CITY OWNER
City of Clermont Grand Highway Baptist Church, Inc.
City Manager 14745 John's Lake Road
P.O. Box 120219 Clermont, FL 34711
Clermont, Fl 34712-0219
Section 6. AMENDMENTS
Any amendment to this agreement is not effective unless the amendment is in writing and
signed by all parties.
Section 7. EFFECTIVE DATE
The effective date of this agreement shall be the day of execution of the agreement required
hereunder
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the
date listed below. CITY through its City n_ arc er, autf7orized to exec to same by City Council
action, and OWNER through Q.,-o/cI' . / ) 5k.� g
Z
DATED this day of �a et , 2013.
CITY OF CLERMONT
ATTEST
arold S Turville Jr , Mayor Tracy Ackroyd, City C C k
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Page 4—Grand Highway Church, Utility Service Agreement for Water
OWNER: Grand Highway Baptist Church
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Print Name
STATE OF gldridGY-
COUNTY OF 11,-/G e._
The forego ins rune t was a9kr o dge before me on this day of in ac r cA ,
2013, by 0CA 'j(' ry' 2 K YcL , who is personally known to
me or who has produced F L- PIC, • as identification and
who did not take an oath. STI S ALA/4�
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Page 5—Grand Highway Church, Utility Service Agreement for Water
EXHIBIT"A"
PROPERTY DESCRIPTION
Owner:
Grand Highway Baptist Church, Inc.
Description:
POSTAL COLONY 33-22-26 W 1/2 OF TRACT 47--LESS S 33 FT FOR RD R/W—PB 9 PG 65,ORB 3768 PG 1513
Total acres (all four parcels). 4 55 acres +/-
Lake County Alternate Key Numbers:
1110955
Page 6—Grand Highway Church, Utility Service Agreement for Water
EXHIBIT"B"
Notice of Encumbrance
to Annex to City of Clermont
City of Clermont
685 W. Montrose Street
Clermont, FL 34712
THIS INSTRUMENT, Made this 12th day of March 2013, between Grand Highway
Baptist Church, property owners in the County of Lake, State of Florida Grantor*, and
the CITY OF CLERMONT, FLORIDA, A Municipal Corporation, Grantee*:
WITNESSETH, NOTICE is given that heretofore or contemporaneously herewith
Grantor has petitioned the Grantee for it to permit voluntary annexation of Grantor's
property below described into the corporate limits of the City of Clermont, and
GRANTOR, for and in consideration of the sum of ONE and 00/100 ($1.00) and other
good and valuable consideration to Grantor in hand paid by Grantee, the receipt
whereof is hereby acknowledged, DOES HEREBY ENCUMBER the below - described
real property situate, lying and being in Lake County, Florida with the absolute
requirement that the subject real property may be, at the sole discretion, and upon
request of Grantee, annexed into the city limits of the City of Clermont at such time that
the annexation of said real property is in accordance with applicable law,
GRANTOR, further agrees, on his/hers/theirs/its own behalf and that of Grantors'
heirs and assigns to perform all ministerial functions necessary of the Grantor or
Grantor's heirs and/or assigns (as the case may be) then required by law to enable the
described real property to be incorporated into the city limits of the City of Clermont
and where such ministerial functions consist of a simple written request or the renewal
of the petition of which notice is given above, then this instrument shall be considered
such request and/or renewal. The subject property is described as:
Exhibit "A"
Grantor is used for singular or plural, as the context requires. IN WITNESS THEREOF,
GRANTOR has hereunto set Grantor's hand and seal the day and year first above
written.
Page 7—Grand Highway Church, Utility Service Agreement for Water
PROPERTY OWNER(S): WITNESSES (Two required):
Grand Highway Baptist Church Witnesses
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STATE OF 1- 1 l.Cc 0---
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The foregqing instrument was ackno led e(1 for me on this c day of
11ttiC,1i� 2013, by 1 e- �C 1�c - fa- , who is
personally known to me or who has produced FL - SD L
as identification and who did not take an oath. >>,j���t STAB at,�`s�o
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Pursuant to Section 695 29(3)(f) this instrument exempt from Chapter 695,F S„Prepared by a Public Officer,City Attorney,City
of Clermont,Flonda 34712
Page 8—Grand Highway Church, Utility Service Agreement for Water
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